See If You Qualify for a Free Consultation

Get In Touch
850-423-0035850-423-0035

Blog

Man in Handcuffs

FSS 800.04: Lewd and Lascivious Acts Involving Children Under The Age Of 16

Just this past November, an elementary school teacher in Bonifay was arrested and charged with lewd and lascivious acts with a minor, including Lewd and Lascivious Exhibition and Lewd and Lascivious Battery. The Holmes County Sheriff’s Office had received a report that the teacher was allegedly involved in a sexual relationship with a fifteen year old student where they engaged in “sexting” and sexual intercourse. If convicted, this teacher can face serious consequences, including up to fifteen years in prison, up to fifteen years of sex offender probation, and up to $10,000 in fines, not including the effects that a sex offense conviction can have on the day-to-day life such as the ability to obtain and keep a job.

Under Florida law1, it is illegal to engage in lewd or lascivious behavior with or in front of those who are less than sixteen years old. Lewd and lascivious essentially mean the same thing, and usually refers to sexual behavior or conduct that is indecent or obscene.   There are four different offenses outlined under the lewd and lascivious law that pertains to minors under the age of sixteen. These offenses are considered felonies and include lewd or lascivious:

  • battery;
  • molestation;
  • conduct; or,
  • exhibition

FSS 800.04(4): Lewd or Lascivious Battery

You can be found guilty of lewd or lascivious battery, otherwise known as statutory rape, if you engage in sexual activity with a child who is older than twelve but younger than sixteen, or if you encourage, entice, or force a child who is older than twelve, but younger than sixteen to engage in prostitution, sexual bestiality, sadomasochistic abuse, or other act involving sexual activity.

FSS 800.04(5): Lewd or Lascivious Molestation

You can be found guilty of lewd or lascivious molestation if you intentionally touch the breasts, buttocks, or genitals of a child younger that sixteen years old in a manner that is lewd or lascivious, or you encourage, entice, or force a child younger that sixteen to touch another in manner that is lewd or lascivious.

FSS 800.04(6): Lewd or Lascivious Conduct

You can be found guilty of lewd or lascivious conduct if you intentionally touch a child younger than sixteen years old in a manner that is lewd or lascivious, or if you solicit a child younger than sixteen to engage in a lewd or lascivious act.

FSS 800.04(7): Lewd or Lascivious Exhibition

You can be found guilty of lewd or lascivious exhibition if in front of a child younger than sixteen, you intentionally masturbate, expose your genitals in a manner that is lewd or lascivious, or commit another sexual act in front of a child.

For any of the above offenses, it is not a defense that the child consented to the act, and it is also not a defense if the child misrepresented their age or if you believed that the child was older. However, depending on the facts and circumstances in your case, you may be able to mitigate the charges or have the charges dropped altogether, particularly if you have been falsely accused. In any event, a lewd and lascivious offense charge should not be taken lightly because as mentioned above, convictions for one or more of these offenses can lead to lengthy prison sentences, hefty fines, sex offender probation, and sex offender registration, not to mention the long-lasting effects that a criminal conviction can have on your daily life.

Let a Top Destin Criminal Defense Attorney Help You Fight Your Sex Offense Charge

If you have been arrested and charged with lewd and lascivious acts with a minor, it is important that you consult with a qualified criminal defense attorney. There are specific methods to use in your case in order to maximize results. Schedule a free consultation with Stephen G. Cobb today by calling (850) 423-0035 and let an experienced Destin criminal defense attorney help you fight your sex offense charge.

Cobb Law Firm
1992 Lewis Turner Blvd, Suite 101-B
Fort Walton Beach, FL 32547
(850) 423-0035

References:

1 https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0800/0800.html


You Might Also Like

Image for Lascivious | Florida Lewd and Lascivious Law post

Lascivious | Florida Lewd and Lascivious Law

800.02 Unnatural and lascivious Act - person who commits any unnatural and lascivious act with another person commits a misdemeanor…

Quote Left

“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

Quote Right

Free Initial Consultation

 
Quote Image

“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

Quote Image

Free Initial Consultation